Hi, I'm an American citizen and my spouse and I got married on September 4, 2013. We are filing the I-130 and I-485 together. Will my spouse be denied adjustment of status since her visa expired two days ago? From the way things look, we might be able to complete compiling all the documents and mailing them by the 30th of September.
As she is going to be adjusting her status on the basis of marriage to a U.S. citizen, being out of status -- assuming no other issues -- is not going to bar her from eligibility. Have an attorney review your case to spot any PCI or other possible issues. The article below may be useful.
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